- 1 - HC-KAR NC: 2026:KHC:24538 WP No. 12067 of 2026 C/W WP No. 11911 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 12067 OF 2026 (GM-CPC) C/W WRIT PETITION NO. 11911 OF 2026 (GM-CPC) IN WP No. 12067/2026 BETWEEN: 1. MR. SUNDARA K, S/O LATE CHENNU MOOLYA, AGED ABOUT 67 YEARS, R/AT 7-50/1, KALAI MANE, ALAPE VILLAGE, PADIL, MANGALURU - 575 007. 2. MRS. LALITHA, W/O SRI. PADMANABHA MOOLYA, AGED ABOUT 57 YEARS, R/AT 1-4A, PALLANELA HOUSE, ADDOOR VILLAGE AND POST, ADDUR - 574 145, MANGALORE, D.K. …PETITIONERS (BY SRI. CHIDANANDA KEDILAYA M., ADVOCATE) AND: MRS. PRAMILA CORNELIO, W/O SRI. FRANCIS CORNELIO, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24538 WP No. 12067 of 2026 C/W WP No. 11911 of 2026 AGED ABOUT 42 YEARS, R/AT D'SOUZA VIEW, 4TH CROSS, CHURCH COMPOUND, KULSHEKAR, MANGALURU - 575 007. …RESPONDENT (BY SRI.ABHISHEK MARLA, ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE JUDGMENT DATED 06.03.2026 PASSED IN M.A. NO.34/2025 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE MANGALORE (ANNEXURE-A); (B) RESTORE THE ORDER DATED 03.07.2025 PASSED ON I.A. NO.IV IN O.S. NO.261/2025 ON THE FILE OF THE III ADDL CIVIL JUDGE MANGALORE (ANNEXURE-B) AND ETC. IN WP NO. 11911/2026 BETWEEN: 1. MR. SUNDARA K, S/O LATE CHENNU MOOLYA, AGED ABOUT 67 YEARS, RESIDING AT 7-50/1, KALAI MANE, ALAPE VILLAGE, PADIL, MANGALURU - 575 007. 2. MRS. LALITHA, W/O SRI PADMANABHA MOOLYA, AGED ABOUT 57 YEARS, RESIDING AT 1-4A, PALLANELA HOUSE, ADDOOR VILLAGE AND POST, ADDUR - 574 145, MANGALORE, D.K. ...PETITIONERS - 3 - HC-KAR NC: 2026:KHC:24538 WP No. 12067 of 2026 C/W WP No. 11911 of 2026 (BY SRI. CHIDANANDA KEDILAYA M., ADVOCATE) AND: MRS. PRAMILA CORNELIO, W/O SRI FRANCIS CORNELIO, AGED ABOUT 42 YEARS, RESIDING AT D'SOUZA VIEW, 4TH CROSS, CHURCH COMPOUND, KULSHEKAR, MANGALURU - 575 007. ...RESPONDENT (BY SRI.ABHISHEK MARLA, ADVOCATE FOR C/R) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE JUDGMENT DATED 06.03.2026 PASSED IN M.A. NO.35/2025 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE MANGALORE (ANNEXURE-A); (B) RESTORE THE ORDER DATED 03.07.2025 PASSED ON I.A. NO.II IN O.S. NO.261/2025 ON THE FILE OF THE III ADDL CIVIL JUDGE MANGALORE (ANNEXURE-B) AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER W.P.No.12067/2026 has been filed challenging the judgment dated 06.03.2026 passed by the Principal Senior Civil Judge and CJM, Mangaluru (for short the ‘First Appellate Court’) in M.A.No.34/2025, whereby, the First Appellate Court set aside the order dated 03.07.2025 - 4 - HC-KAR NC: 2026:KHC:24538 WP No. 12067 of 2026 C/W WP No. 11911 of 2026 passed on I.A.No.II in O.S.No.261/2025 on the file of the III Additional Civil Judge and JMFC, Mangaluru, D.K. (for short ‘Trial Court’) and W.P.No.11911/2026 has been filed challenging the judgment dated 06.03.2026 passed by the First Appellate Court in M.A.No.35/2025, whereby, the First Appellate Court set aside the order dated 03.07.2025 passed on I.A.No.IV in O.S.No.261/2025. 2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in Original Suit. 3. The plaintiffs have filed a suit in O.S.No.261/2025 for injunction before the Trial Court. Along with the plaint, the plaintiffs filed I.A.No.II under Order XXXIX Rules 1 and 2 of CPC seeking temporary injunction restraining the defendant from interfering with the peaceful possession and enjoyment of the suit schedule property by the plaintiffs. On service of summons, the defendant appeared through counsel and filed I.A.No.IV under Order XXXIX Rules 1 and 2 seeking - 5 - HC-KAR NC: 2026:KHC:24538 WP No. 12067 of 2026 C/W WP No. 11911 of 2026 temporary injunction directing the plaintiffs to restore the road mentioned in the written statement schedule property. The Trial Court by orders dated 03.07.2025, partly allowed the I.A.No.II filed by the plaintiffs by directing the parties to maintain status-quo and rejected the I.A.No.IV filed by the defendant. 4. Being aggrieved by the said order, the plaintiffs have filed an appeal in M.A.No.34/2025 and the defendant has filed an appeal in M.A.No.35/2025 before the First Appellate Court. The First Appellate Court by impugned orders dated 06.03.2026 allowed the said appeals. Being aggrieved by the said order, the plaintiffs are before this Court. The plaintiffs have filed the original suit for injunction on the ground that the defendant is trying to interfere in the suit schedule property of the plaintiffs. 5. Learned counsel appearing for the defendant has submitted that the road in dispute is not the suit schedule property and that taking advantage of the order - 6 - HC-KAR NC: 2026:KHC:24538 WP No. 12067 of 2026 C/W WP No. 11911 of 2026 of status-quo passed by the Trial Court, the plaintiffs are obstructing the usage of the defendant’s road. 6. In view of the above, since the suit is pending, till the disposal of the suit, this Court is of the opinion that the orders passed by the First Appellate Court has to be modified by directing the parties to maintain status-quo in respect of the suit schedule properties. 7. Accordingly, following order is passed: ORDER a) The writ petitions are disposed of. b) The judgment dated 06.03.2026 passed by the First Appellate Court in M.A.Nos.34/2025 and 35/2025 are modified to the effect that the parties are directed to maintain status-quo in respect of the suit schedule properties, till disposal of the suit. - 7 - HC-KAR NC: 2026:KHC:24538 WP No. 12067 of 2026 C/W WP No. 11911 of 2026 c) It is made clear that plaintiffs shall not restrain the defendant from using the said road. It is also made clear that this arrangement shall be made till the disposal of the suit, without affecting rights of either of the parties. d) The Trial Court is directed to dispose of the suit in accordance with law, without being influenced by any of the observations made by this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE PSJ List No.: 1 Sl No.: 11